Detroit, MI asked in Federal Crimes for Michigan

Q: Can the defense for a federal Rico investigation obtain the dates and time a defendants name was run through the NCIC

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James L. Arrasmith
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Answered

A: In the context of a federal RICO (Racketeer Influenced and Corrupt Organizations Act) investigation, obtaining detailed information such as the dates and times a defendant's name was queried in the National Crime Information Center (NCIC) database can be a complex matter. The defense team has the right to access evidence that might be crucial for their case through the discovery process. However, the specificity and breadth of the information accessible can vary, depending on legal standards and the relevance to the case at hand.

Access to NCIC query records is not automatically granted. It might require a formal request or motion within the legal proceedings, highlighting the relevance of this information to the defendant's case. The judge overseeing the case has the discretion to determine whether such a request is warranted and can order the information to be disclosed if it is deemed necessary for ensuring a fair trial. The process involves balancing the defense's right to evidence and the confidentiality and security protocols surrounding law enforcement databases.

If you believe that obtaining the dates and times of NCIC queries could play a critical role in your defense, it would be prudent to discuss this strategy with your legal team. They can advise on the feasibility of making such a request and the appropriate steps to take within the legal framework. Ensuring your defense strategy is thoroughly planned and executed with legal guidance is essential for navigating the complexities of federal investigations and safeguarding your rights.

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